Human Liberty and Freedom of Speech
Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.
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abridge action alternative amendment protection amendment rights American Mini Theatres analysis arguably argue argument assembly autonomy behavior Broadcasting C. B. Macpherson Chapter choice claim coercive commercial speech communications conclusion constitutionally corporate Court decisions democracy democratic dissenting dominant economic effective embody engage enterprise equality evaluation example exercise existing expressive conduct free speech freedom of assembly freedom of speech governmental groups ideas theory institutions instrumental instrumental action interpretation Justice justify liberal liberty theory limit market failure marketplace of ideas marketplace theory means ment merely Moreover owners parade permit Paris Adult Theatre participation people’s permit requirements permit system person person’s perspective police political speech practices present press clause principle profit prohibitions promote rational reason regulation relevant restrictions rule utilitarian social society speaker specific structure substantively valued suppression supra note tion truth unity thesis
Page 6 - And though all the winds of doctrine were let loose to play upon the earth, so truth be in the field, we do injuriously by licensing and prohibiting to misdoubt her strength. Let her and falsehood grapple ; who ever knew truth put to the worse, in a free and open encounter ? Her confuting is the best and surest suppressing.
Page 7 - ... the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.